Common use of Transactions Involving Collateral Clause in Contracts

Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Borrower’s business, or as otherwise provided for in this Agreement, Borrower shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral unless the Collateral that is sold is replaced by similar Collateral or the funds used to pay the note. Borrower shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without prior written consent of lender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by Lender, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided, however, this requirement shall not constitutive consent by Lender to any sale or other disposition and shall not apply if the disposed collateral is replaced with similar collateral.

Appears in 2 contracts

Samples: Loan and Security Agreement (Desert Capital Reit Inc), Security Agreement (Desert Capital Reit Inc)

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Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of BorrowerGrantor’s business, or as otherwise provided for in this Agreement, Borrower Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral unless the Collateral that is sold is replaced by similar Collateral or the funds used to pay the noteCollateral. Borrower Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of lenderLender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by LenderXxxxxx, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided, provided however, this requirement shall not constitutive constitute consent by Lender to any sale or other disposition and disposition. Upon receipt, Grantor shall not apply if the disposed collateral is replaced with similar collateral.immediately deliver any such proceeds to Lender. COMMERCIAL SECURITY AGREEMENT (Continued)

Appears in 1 contract

Samples: Security Agreement (American Consumers Inc)

Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Borrower’s Grantor's business, or as otherwise provided for in this Agreement, Borrower Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral unless the Collateral that is sold is replaced by similar Collateral or the funds used to pay the noteCollateral. Borrower Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of lenderLender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless Except for inventory sold or accounts collected in the ordinary course of Grantor's business, or as otherwise provided for in this Agreement, unless waived by Lender, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided, provided however, this requirement shall not constitutive constitute consent by Lender to any sale or other disposition and disposition. Upon receipt, Grantor shall not apply if the disposed collateral is replaced with similar collateralimmediately deliver any such proceeds to Lender.

Appears in 1 contract

Samples: Commercial Security Agreement (ERBA Diagnostics, Inc.)

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Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Borrower’s business, or as otherwise provided for in this Agreement, Borrower shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral unless Collateral. A sale in the Collateral that is sold is replaced by similar Collateral ordinary course of Borrower's business does not include a transfer in partial or the funds used to pay the notetotal satisfaction of a debt or any bulk sale. Borrower shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of lenderLender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by Lender, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided, provided however, this requirement shall not constitutive constitute consent by Lender to any sale or other disposition and disposition. Upon receipt, Borrower shall not apply if immediately deliver any such proceeds to Lender for application to payment of the disposed collateral is replaced with similar collateralIndebtedness.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Dicon Fiberoptics Inc)

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